PABLO, MONTANA 59855 ISSN: 0528-8592
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NEWSPAPER OF THE SAUSH. PEND d'OREILLE AND KOOTENAI TRIBES OF THE FLATHEAD INDIAN RESERVATION, WESTERN MONTANA
VOLUME 10 NUMBER 22 FULL MOON OF THE BUTTERCUPS
Official Tribal statement
Tribes gearing up to document water rights here
APRIL 1, 1982
The confusion and uncertainty being experienced by both Indian and non-Indian water users on the Flathead Reservation present real concerns which the Tribes intend to address as quickly and fairly as possible.
Recent federal court opinions have held that Indian Tribes -- and not state governments - are the proper authorities to regulate the use of water within the boundaries of a reservation and have ruled that states do not have jurisdiction to adjudicate Indian water rights. ("Adjudicate" means to settle an issue by the decree of a judge.)
The status of the law today is that Montana cannot validly implement its Water Use Act (Senate Bill 76) on the Flathead/Kootenai Reservation or any other reservation within the state. These cases recently decided by the 9th Circuit Apellate Court will undoubtedly be appealed to the United States Supreme Court, but there is no way of knowing whether the high court will grant or deny review, nor within what time frame a final determination can be expected.
Both Indian and non-Indian water users are worried about adequately
protecting existing rights and they want confirmation as to what government can be turned to for guidance in documenting their water uses. The Tribal government wants to make clear that all valid water claims on the Flathead Reservation will be honored and that the necessary steps are now underway to assure protection for all people living here.
Although it is the Tribes' position not to mandate Tribal water regulation until the Supreme Court has ultimately spoken, we will begin to accept voluntary filings in the near future. The Tribal Council has recently established a Water Rights Office within the Earth Resources Division and that Water Office is headed by Clayton Matt, Water Administrator. The Tribes are developing a water rights record-
ing system which is intended as the groundwork for a comprehensive water management plan in the future.
Procedures and regulations for recording water uses with the Tribal Water Office are now in the drafting stage. A tentative implementation date of May 1, 1982, is contemplated. The public will be given adequate advance notice as to when the office will be fully operational.
The following is an outline of information (similar to Montana's requirements) which water users should be gathering in the interim so as to facilitate the filing process when it begins:
1) the name and mailing address of the declarant;
2) the source or sources from
(CONTINUED ON PACE 2)
INSIDE THIS ISSUE:
Introducing Earth Resources....................................Page 4
"Letters to the Editor"..........................................pQge £
Head Starts 1982 Circus.....................................Page 8&9
April Calendar...............................................Page 22
Tribal Council Minutes........................................Page 23